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Consumer protection

ITC LIMITED versus AASHNA ROY

The National Commission erred in awarding a huge sum of Rs.2,00,00,000 based primarily on unproved photocopies and general discussion without trustworthy evidence establishing loss; large claims require reliable proof and opportunity to test authenticity (production of originals, examination of authors or commissions), therefore the award is modified so that the respondent’s entitlement is limited to the Rs.25,00,000 already released in her favour.

Source excerpt

  • Deficiency in service
  • Quantum of compensation
  • Production and proof of documents
  • Principles of natural justice
  • Remand for assessment of damages
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Land revenue law

SUVEJ SINGH versus RAM NARESH AND ORS.

The High Court misinterpreted Section 30 of the Uttar Pradesh Revenue Code, 2006 and wrongly remanded the matter; because the issue of correction of the revenue map had been finally decided in earlier proceedings (upheld on 04.09.2001) and no error in the revenue record was shown that warranted correction under Section 30, the remand was unsustainable and the impugned High Court order was set aside.

Source excerpt

  • Interpretation of section 30 of the uttar pradesh revenue code, 2006
  • Correction of revenue map
  • Remand and appellate interference by the supreme court
  • Principles of natural justice
  • Finality of orders and reopening settled issues
  • Multiplicity of litigation
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Administrative law

RAVI ORAON versus THE STATE OF JHARKHAND & ORS.

Rule 21 governs only merit list preparation and not eligibility under Rule 4; Rule 4 does not exclude vocational/additional subject marks and the marksheet regulation permits adding vocational marks to aggregate, so the appellants met the 40% eligibility; further, respondents terminated services on a basis (excluding vocational marks) that was not the subject of the show cause notices without giving fresh notice, violating principles of natural justice; therefore termination orders were unsustainable and set aside, and appellants are to be treated as in continuous service with arrears and sen…

Source excerpt

  • Termination of employment
  • Eligibility criteria for teacher eligibility test
  • Principles of natural justice
  • Merit list preparation
  • Calculation of marks including vocational subject
  • Interpretation of rules 4 and 21 of the jharkhand primary school teacher appointment rules, 2012
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Environmental law

M/S TRIVENI ENGINEERING AND INDUSTRIES LTD. versus STATE OF UTTAR PRADESH & ORS.

The impugned NGT orders were set aside because the NGT and the joint committee did not comply with the statutory sampling and analysis procedure under Sections 21 and 22 of the Water Act, and the NGT violated Section 19(1) of the National Green Tribunal Act and principles of natural justice by failing to implead the appellant or afford it a fair hearing before imposing civil consequences (compensation); NGT cannot abdicate its adjudicatory function by relying solely on an administrative committee's report.

Source excerpt

  • Environmental compensation
  • Principles of natural justice
  • Sampling and analysis procedure under the water act (sections 21 and 22)
  • Ngt procedure and powers (section 19)
  • Delegation to expert/administrative committees
  • Ground water contamination
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Service law

STATE BANK OF INDIA & OTHERS versus RAMADHAR SAO

The High Court orders setting aside the departmental findings and ordering reinstatement were unsustainable because due process was followed, witnesses (loanees) deposed that money was paid to the respondent to facilitate sanction of loans, the disciplinary findings were supported on preponderance of probabilities (not requiring proof beyond reasonable doubt), the respondent's statements before the Disciplinary Authority indicated remorse/admission, and the Appellate Authority had validly reduced dismissal to removal with superannuation benefits; therefore the Appellate Authority's order date…

Source excerpt

  • Removal from service
  • Sanction of loans
  • Unauthorised absence from duty
  • Illegal gratification
  • Principles of natural justice
  • Preponderance of probabilities
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Customs

M/S SHAH NANJI NAGSI EXPORTS PVT. LTD. versus UNION OF INDIA AND ORS.

Where exports are genuine and fall within the notified category, an inadvertent procedural error in shipping bills that has been corrected under Section 149 of the Customs Act cannot defeat the exporter’s entitlement under the MEIS; a PRC rejection given without reasons and without hearing is contrary to principles of natural justice and must be quashed; respondents must process the claim on the basis of the amended shipping bills within twelve weeks.

Source excerpt

  • Section 149 amendment of documents
  • Meis entitlement
  • Policy relaxation committee
  • Principles of natural justice
  • Administrative technology
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Service law

S. JANAKI IYER versus UNION OF INDIA & ORS.

The Court held that the chargesheet was clear and specific, the preliminary inquiry report and other documents were not shown to have caused any prejudice, the explanation for the prolonged inquiry was adequate, Rule 15(2) CCS (CCA) Rules, 1965 was complied with, and evidence including the denial of signature by the alleged author established on preponderance of probabilities that the transfer order dated 01.10.1991 was fake and that the appellant was its sole beneficiary; therefore dismissal was justified and the impugned orders were upheld.

Source excerpt

  • Dismissal from service
  • Fake transfer order
  • Principles of natural justice
  • Rule 15(2) ccs (cca) rules, 1965
  • Standard of proof in departmental proceedings
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Electricity law

POWER GRID CORPORATION OF INDIA LIMITED versus MADHYA PRADESH POWER TRANSMISSION COMPANY

The Supreme Court held that the CERC is empowered under s.79(1) of the Electricity Act, 2003 to exercise ad hoc regulatory powers, including granting liberty to claim compensation for delay where there is a regulatory lacuna in the regulations under s.178; the absence of a s.178 regulation does not bar CERC from acting under s.79(1); the High Court erred in entertaining the writ petitions because an efficacious alternative remedy by appeal to APTEL under s.111 was available, and therefore the writ petitions were liable to be dismissed and the High Court's order set aside.

Source excerpt

  • Section 79 of the electricity act, 2003
  • Section 178 of the electricity act, 2003
  • Determination of tariff
  • Delegated legislation
  • Principles of natural justice
  • Alternative remedy (section 111, aptel)
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Unlawful activities (prevention) act, 1967

MOHAMMED ASARUDEEN versus UNION OF INDIA & ORS

A Special Court exercising powers under s.44(2) UAPA must record, based on material on the record, a clear satisfaction qua each individual witness that the life of that witness is in danger before taking measures to keep identity/address secret; omnibus applications for multiple witnesses without specific material are impermissible, and the court must consider and record brief reasons for the particular measures to be adopted; the accused retains a right of hearing subject to non-disclosure of identities until orders are passed.

Source excerpt

  • Protection of witnesses
  • Recording of satisfaction under s.44(2) uapa
  • Right of hearing
  • Principles of natural justice
  • Omnibus application
  • Right of accused to defend
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Constitutional law

M/S NARESH KUMAR GUPTA versus STATE OF PUNJAB & ANOTHER

The amendment to section 29 of the Punjab Value Added Tax Act, 2005 by the Punjab Value Added Tax Act, 2013 is constitutionally valid; the High Court's conclusion that the amendment was not unreasonable or excessive is affirmed, the proviso and Explanations render the opening part retrospective (thereby removing defects in prior implementation), and an amendment extending limitation can apply even where the original limitation period had expired (relying on Jyoti Traders). Consequently the appeals are dismissed and related transferred cases disposed of in the terms set out by the Court.

Source excerpt

  • Retrospective legislation
  • Limitation / bar of limitation
  • Amendment validity
  • Principles of natural justice
  • Reassessment period
  • Statutory interpretation
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.